John Conyers

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I yield the gentleman an additional 30 seconds.

Mr. CONYERS. Mr. Speaker, I yield 2 minutes to the gentlewoman from Florida (Ms. Castor).

Mr. CONYERS. Mr. Speaker, I include in the Record a CRS Report that highlights the fact that it would be permissible under this proposed bill that as many as 61 regulations could be bundled into one package and blocked by this bill. Congressional Research Service, January 3, 2017. Memorandum Subject: ``Major'' Obama Administration Rules Potentially Eligible to be Overturned under the Congressional Review Act in the 115th Congress. From: Maeve P. Carey, Specialist in Government Organization and Management; Christopher M. Davis, Analyst on Congress and the Legislative Process; Casey Burgat, Research Assistant. This memorandum lists ``major'' rules issued by federal agencies under the Barack Obama Administration that are potentially subject to consideration under the procedures of the Congressional Review Act (CRA) in the 115th Congress. This is an updated version of a general distribution memorandum released by CRS on November 17, 2016, and previously updated on December 6, 2016. Background on the Congressional Review Act The CRA is a tool that Congress may use to overturn a rule issued by a federal agency, including, in some cases, rules issued in a previous session of Congress and by a previous President. The CRA requires agencies to report on their rulemaking activities to Congress and provides Congress with a special set of procedures under which to consider legislation to overturn those rules. The CRA, which was enacted in 1996, was largely intended to assert control over agency rulemaking by establishing a special set of expedited or ``fast track'' legislative procedures for this purpose, primarily in the Senate. Of the approximately 73,000 final rules that have been submitted to Congress since the legislation was enacted in 1996, the CRA has been used to disapprove one rule: the Occupational Safety and Health Administration's November 2000 final rule on ergonomics, which was overturned using the CRA in March 2001. The primary reason the CRA has overturned one rule in the 20 years since its enactment is that under most circumstances, it is likely that a President would veto such a resolution in order to protect rules developed under his own administration, and it may also be difficult for Congress to muster the two-thirds vote in both houses needed to overturn the veto. However, under a specific set of circumstances--a turnover in party control of the White House, particularly a turnover in which the incoming President shares a party affiliation with a majority in both houses of Congress--the CRA is more likely to be used successfully. The March 2001 rejection of the ergonomics rule was the result of that set of circumstances. Similar circumstances will take place in 2017 after the start of the 115th Congress and after President-elect Donald J. Trump is sworn into office. CRA ``Reset'' Mechanism Section 801(d) of the CRA provides that, if Congress adjourns its annual session sine die less than 60 legislative days in the House of Representatives or 60 session days in the Senate after a rule is submitted to it, then the periods to submit and act on a disapproval resolution ``reset'' in their entirety in the next session of Congress'' The purpose of this provision is to ensure that both houses of Congress have sufficient time to consider disapproving rules submitted during this end-of-session ``carryover period.'' This provision applies in every session of Congress, but it is of particular relevance in sessions of Congress that coincide with presidential transitions. This provision allows, for a limited time period, a new Congress to consider a joint resolution disapproving a rule issued late in the previous administration. If introduced and considered at the proper time, such a joint resolution cannot be filibustered in the Senate. The projected second-session meeting schedules of the House and Senate issued by each chamber's majority leader may be used to estimate the date in 2016 after which final rules submitted to Congress will be subject to the renewed review periods in 2017 described above. The estimated start of the reset period for all rules was determined by counting back from the projected sine die adjournment in the respective chambers--60 days of session in the Senate and 60 legislative days in the House--then taking the earlier of the two dates. Under this calculation, CRS estimates that agency final rules submitted to Congress on or after June 13, 2016, will be subject to renewed review periods in 2017 by a new President and a new Congress. CRS day count estimates are unofficial and non-binding; the House and Senate Parliamentarians are the sole definitive arbiters of the operation of the CRA mechanism and should be consulted if a formal opinion is desired. ``Major'' Obama Administration Rules Potentially Eligible for Consideration under the CRA in 2017 Using this estimated reset date of June 13, 2016, CRS compiled a list of major rules that would fall under this reset period--i.e., rules that could be overturned in the 115th Congress using the CRA. Table 1 lists the major rules CRS has identified as of January 3, 2017, that could be eligible for the reset mechanism. To identify these rules, CRS used a two-step process. First, CRS consulted the Government Accountability Office's (GAO's) federal rules database to identify major rules that were issued during calendar year 2016 and posted on GAO's website as of January 3, 2017. Second, CRS used LIS's ``Executive Communications'' database to identify when these rules were received in Congress. Major Rules Issued by the Obama Administration That Are Potentially Eligible for Disapproval Under the Congressional Review Act in the 115th Congress major rules listed on gao's website as of january 3, 2017 Title of Rule (As Published in Federal Register) and RIN Numbers are as follows: Exemptions To Facilitate Intrastate and Regional Securities Offerings, 3235-AL80; Investment Company Liquidity Risk Management Programs, 3235-AL61; Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled NonImmigrant Workers, 1615-ACO5; Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems), 1216-AB80; Waste Prevention, Production Subject to Royalties, and Resource Conservation, 1004-AE14; Investment Company Swing Pricing, 3235-AL61; Establishing a More Effective Fair Market Rent System; Using Small Area Fair Market Rents in the Housing Choice Voucher Program Instead of the Current 50th Percentile FMRs, 2501-AD74; Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2017; Medicare Advantage Bid Pricing Data Release; Medicare Advantage and Part D Medical Loss Ratio Data Release; Medicare Advantage Provider Network Requirements; Expansion of Medicare Diabetes Prevention Program Model; Medicare Shared Savings Program Requirements, 0938-AS81. Medicare Program; CY 2017 Inpatient Hospital Deductible and Hospital and Extended Care Services Coinsurance Amounts, 0938-AS70; Medicare Program; Medicare Part B Monthly Actuarial Rates, Premium Rate, and Annual Deductible Beginning January 1, 2017, 0938-AS72; Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Organ Procurement Organization Reporting and Communication; Transplant Outcome Measures and Documentation Requirements; Electronic Health Record (EHR) Incentive Programs; Payment to Nonexcepted Off-Campus Provider-Based Department of a Hospital; Hospital Value-Based Purchasing (VBP) Program; Establishment of Payment Rates Under the Medicare Physician Fee Schedule for Nonexcepted Items and Services Furnished by an Off-Campus Provider-Based Department of a Hospital, 0938-AS82; Medicare Program; Merit-Based Incentive Payment System (MIPS) and Alternative Payment Model (APM) Incentive Under the Physician Fee Schedule, and Criteria for Physician-Focused Payment Models, 0938-AS69; Medicare and Medicaid Programs; CY 2017 Home Health Prospective Payment System Rate Update; Home Health Value- Based Purchasing Model; and Home Health Quality Reporting Requirements, 0938-AS80; Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program, 1840-AD19; Energy Conservation Program: Energy Conservation Standards for Miscellaneous Refrigeration Products, 1904-AC51. Medicaid Program; Final FY 2014 and Preliminary FY 2016 Disproportionate Share Hospital Allotments, and Final FY 2014 and Preliminary FY 2016 Institutions for Mental Diseases Disproportionate Share Hospital Limits, 0938-ZB30; Cross- State Air Pollution Rule Update For The 2008 Ozone NAAQS, 2060-AS05; Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium-and Heavy-Duty Engines and Vehicles-- Phase 2, 2060-AS16; U.S. Citizenship and Immigration Services Fee Schedule, 1615-AC09; Treatment of Certain Interests in Corporations as Stock or Indebtedness, 1545-BN40; Establishment of the Electronic Visa Update System (EVUS), 1651-ABO8; ONC Health IT Certification Program: Enhanced Oversight and Accountability, 0955-AA00; Clearing Requirement Determination Under Section 2(H) of the Commodity Exchange Act For Interest Rate Swaps, 3038-AE20; Standards For Covered Clearing Agencies, 3235-AL48. Medicare and Medicaid Programs, Reform of Requirements for Long-Term Care Facilities, 0938-AR61; Child Care And Development Fund (CCDF) Program, 0970-AC67; Establishing Paid Sick Leave For Federal Contractors, 1235-AA13; OCC Guidelines Establishing Standards For Recovery Planning By Certain Large Insured National Banks, Insured Federal Savings Associations, And Insured Federal Branches; Technical Amendments, 1557- AD96; Emergency Preparedness Requirements For Medicare And Medicaid Participating Providers And Suppliers, 0938-A091; Migratory Bird Hunting Regulations On Certain Federal Indian Reservations And Ceded Lands For The 2016-17 Season, 1018- BA70; Safety And Effectiveness Of Consumer Antiseptics; Topical Antimicrobial Drug Products For Over-The-Counter- Human Use, 0910-AF69; Head Start Performance Standards, 0970- AC63; Standards Of Performance For Municipal Solid Waste Landfills, 2060-AMO8; Emission Guidelines And Compliance Times For Municipal Solid Waste Landfills, 2060-AS23. Federal Acquisition Regulation; Fair Pay And Safe Workplaces, 9000-AM81; Medicare Program; Hospital Inpatient Prospective Payment Systems For Acute Care Hospitals And The Long-Term Care Hospital Prospective Payment System & Policy Changes & Fiscal Year 2017 Rates; Quality Reporting Requirements For Specific Providers; Graduate Medical Education; Hospital Notification Procedures Applicable To Beneficiaries Receiving Observation Services; Technical Changes Relating To Costs To Organizations & Medicare Cost Reports; Finalization Of Interim Final Rules With Comment Period On LTCH PPS Payments For Severe Wounds, Modifications Of Limitations On Redesignation By The Medicare Geographic Classification Review Board, & Extensions Of Payments To MDHS And Low-Volume Hospitals, 0938-A577; 0938-A588; 0938-AS41; Workforce Innovation And Opportunity Act; Joint Rule For Unified And Combined State Plans, Performance Accountability, And The One-Stop System Joint Provisions; Final Rule, 1205- AB74; Workforce Innovation And Opportunity Act, 1205-AB73; Medicare Program; Prospective Payment System And Consolidated Billing For Skilled Nursing Facilities For FY 2017, SNF Value-Based Purchasing Program, SNF Quality Reporting Program, And SNF Payment Models Research, 0938-AS75. Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System For Federal Fiscal Year 2017, 0938-AS78; Medicare Program; FF 2017 Hospice Wage Index And Payment Rate Update And Hospice Quality Reporting Requirements, 0938-AS79; Margin And Capital Requirements For Covered Swap Entities, 3052-AC69; Medicare Program; FY 2017 Inpatient Psychiatric Facilities Prospective Payment System-- Rate Update, 0938-AS76; National School Lunch Program And School Breakfast Program. Nutrition Standards For All Foods Sold In School As Required By The Healthy, Hunger-Free Kids Act Of 2010, 0584-AE09; Revised Critical Infrastructure Protection Reliability Standards No RIN provided; Amendments To The Commission's Rules Of Practice, 3235-AL87; Disclosure Of Payments By Resource Extraction Issuers, 3235-AL53; Migratory Bird Hunting; Seasons And Bag And Possession Limits For Certain Migratory Game Birds, 1018-BA70; Oil And Gas And Sulfur Operations On The Outer Continental Shelf-- Requirements For Exploratory Drilling On The Arctic Outer Continental Shelf, 1082-AA00. Medication Assisted Treatment For Opioid Use Disorders, 0930-AA22; Department Of Labor Federal Civil Penalties Inflation Adjustment Act Catch-Up Adjustments, 1290-AA31; General Administrative Regulations; Catastrophic Risk Protection Endorsement; Area Risk Protection Insurance Regulations; And The Common Crop Insurance Regulations, Basic Provisions, 0563-AC49; Transition Assistance Program (TAP) For Military Personnel, 0790-AJ17; Operation And Certification Of Small Unmanned Aircraft Systems, 2120-AJ60; Transit Asset Management, National Transit Database; FTA- 2014-0020, 092132-ABO7; Revision Of Fee Schedules; Fee Recovery For Fiscal Year 2016, 3150-AJ66; Medicare Program; Medicare Clinical Diagnostic Laboratory Tests Payment System, 0938-AS33; James Zadroga 9/11 Victim Compensation Fund Reauthorization Act, 1105-AB49; Energy Conservation Program: Energy Conservation Standards For Battery Chargers, 1904- AB57; Energy Conservation Program: Energy Conservation Standards For Dehumidifiers, 1904-AC81; Removal Of Mandatory Country Of Origin Labeling Requirements For Beef And Pork Muscle Cuts, Ground Beef, And Ground Pork, 0581-AD29.

Mr. CONYERS. Mr. Speaker, I yield the balance of my time to the gentlewoman from New York (Ms. Velazquez).

Mr. CONYERS. Mr. Speaker, I yield back the balance of my time.

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I demand a recorded vote.

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I, together with Subcommittee on Immigration and Border Security Ranking Member Zoe Lofgren of California, would like to pay tribute to Mr. Gary Merson for his outstanding service to the House of Representatives and the House Judiciary Committee in particular. For the past 15 months, Gary has served as the chief counsel to the Judiciary Committee's Immigration Subcommittee. A native of Lewiston, Maine, Gary's passionate dedication to the advancement of immigration law and policy is reflected in his distinguished 18-year legal career spanning private practice, non- profit advocacy, and government service. Gary will return as the Acting Director of the Office of the Ombudsman at United States Citizenship and Immigration Services, where he has served since 2005. Gary previously served as counsel to the Immigration Subcommittee from February 2012 through December 2012 during which he played an important role in advancing the Violence Against Women Reauthorization Act of 2013. Prior to joining the Ombudsman's Office, Gary was Government Affairs Counsel with Fragomen, Del Rey, Bernsen & Loewy from 1999 to 2005, and prior to that an Advocacy Associate with the American Immigration Lawyers Association from 1998 to 1999. Gary is a graduate of Tulane Law School and Vanderbilt University. Gary's wide-ranging expertise on immigration law and policy and his longstanding leadership in the area of employment-based immigration have greatly benefitted both sides of the aisle during the 114th Congress and this Committee in particular. Gary was exceptionally instrumental in the efforts of 225 Congressional Democrats (186 in the House and 39 in the Senate) to file an amicus brief with the U.S. Supreme Court in United States v. Texas, a case considering whether certain aspects of President Obama's executive actions on immigration will be allowed to move forward. Gary also led committee efforts on a variety of immigration issues in the areas of refugees, immigration enforcement, high-skilled immigration, the EB-5 program, the H2-A/H2-B programs and executive authority. Although Gary entered the chief counsel role during a time of transition, he was able to handle committee matters with ease and grace. His rhetorical skills and natural political inclinations made the transition seamless. Gary's professionalism, dedication to committee business and pleasant demeanor earned him the universal respect of members and his colleagues. Gary is easily approachable and able to provide a witty remark even during difficult moments. While his guidance and leadership on immigration law and policy will be sorely missed, we are pleased that he will continue to serve immigrants and the American people through his work at the Ombudsman's Office. Mr. Speaker, we applaud Gary's tireless, principled and loyal public service to the U.S. House of Representatives and the American people and wish him every success in his future endeavors.

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I rise in support of H.R. 6130, the ``Holocaust Expropriated Art Recovery Act of 2016.'' This bill creates a new uniform Federal 6-year statute of limitations for Nazi-stolen artwork and other cultural property and would allow Nazi-era stolen art claims currently barred by existing statutes of limitations to proceed in court. It also makes clear that the statute of limitations begins only after a claimant makes an actual discovery of his or her claim to artwork of disputed provenance. Victims of Nazi theft of artwork deserve access to the courts so that they can try to get some justice for the wrongs committed against them. This bill is critical to giving them that chance. The Nazis were notorious for, among other things, stealing hundreds of thousands of artworks from Europe during their reign of terror in the 1930's and 1940's, in what has been described as the greatest displacement of art in human history. The American Jewish Congress, B'nai B'rith International, and the Association of Art Museum Directors, among others, support this bill. While nothing we do can ever fully compensate victims of the Nazis, we can at least take this modest step towards helping those victims get some measure of restitution. I strongly urge my colleagues to support this bill.

Mr. CONYERS

Mr. CONYERS. Madam Speaker, I rise in support of H.R. 6431, the ``Promoting Travel, Commerce, and National Security Act of 2016.'' The United States and Canada have enjoyed a long and fruitful trade relationship which has created millions of jobs and pumped trillions of dollars into both economies. This bill protects and supports this relationship by taking the final step necessary to expand the U.S. Customs and Border Protection pre- clearance facilities in Canada. It does this by establishing U.S. criminal jurisdiction over offenses committed by federal employees conducting border security duties in Canada. Pre-clearance facilities help expedite travel between the United States and Canada by allowing the U.S. Customs and Border Protection to inspect people before they leave Canada. This helps travelers avoid the backlog at our Nation's airports. And helps stop potential threats to our national security before they reach the United States. Moreover, this joint effort each year saves the United States millions of dollars by repatriating individuals and items that are not allowed in the United States. This bill, which is required for the expansion of pre-clearance operations in Canada, simply ensures that U.S. personnel who work at these facilities are accountable under federal criminal law for their conduct. I encourage my colleagues to support H.R. 6431, which ensures a safer and more efficient trade relationship with Canada.

Mr. CONYERS

Mr. CONYERS. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, in June of 2007, this body passed, and the President subsequently signed, the Emmett Till Unsolved Civil Rights Crime Act. Since that time, the Department of Justice and cold case advocates have reviewed hundreds of cases in a search for justice and a sense of closure for the families of those who fell victim to racial violence in one of the most tumultuous periods of this Nation's history. For those who did not live through the civil rights era, it is difficult to understand the combined climate of excitement for change that coexisted with one of fear and violence. Simply for acting on their ideals of racial equality, innocent people--young and old, Black and White--were struck down. In some cases, unfortunately, State and local law enforcement colluded with the perpetrators of anti-civil rights violence; and attempts at justice often proved to be a charade, ending with jury nullification or tampering by racist citizens' councils. The civil rights community has reported that for every infamous killing that tore at the South in the 1950s and 1960s, there were many more that were barely noted or investigated. We, I am proud to say, passed the Emmett Till Unsolved Civil Rights Crime Act in 2007 to help bring these cases to light and seek justice for victims and their families. Even after nearly a decade of effort by advocates in the Justice Department, it remains clear that much work remains to heal the wounds of this period of history. To that end, the Emmett Till Reauthorization Act will create a formal framework for public engagement between the Department of Justice and cold case advocates to share information and review the status and closure of cases through 1980. The legislation further authorizes appropriations and tasks the Department's Community Relations Service with bringing together law enforcement agencies and communities to address the tensions raised by civil rights era crimes. The title of this bill serves as a reminder of one of the many lives that was cut much too short as a result of racially motivated hate and violence. Emmett Till was a 14-year-old African American young man from Chicago who allegedly whistled at a White woman. Shortly thereafter, he was found murdered and tortured. Though his accused killers were tried, they were acquitted by an all White jury. Despite attempts at gaining a Federal indictment in the case, his torture and murder remain unpunished. While his family still grieves, they have channeled their sorrow into activism for those victims still seeking justice. I believe that it remains important that the perpetrators of civil rights era crimes be brought to justice, even 50 years later. While justice has been delayed for the victims of these crimes, the fact that we are raising these cold cases breathes new life into our new justice system. I am thankful to the chairman of the Judiciary Committee, Chairman Goodlatte. Ultimately, that commitment bodes well for our collective future and reconciliation within these communities. So I, accordingly, urge my colleagues to join those of us who are leading in this movement and effort and support this important legislation. I reserve the balance of my time.

Mr. CONYERS. Madam Speaker, I yield such time as she may consume to the gentlewoman from Texas (Ms. Jackson Lee).

Mr. CONYERS. Madam Speaker, I yield back the balance of my time.

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, today I rise to honor the service, sacrifice, and life of Officer Collin Rose of the Wayne State University Police Department. Two weeks ago, Officer Rose's life was tragically cut short when he was gunned down in the line of duty. Mr. Rose was just 29. Despite being such a young man, he leaves behind a long list of friends, family, and accomplishments. He grew up in the Pittsburgh area where he played baseball and was a die hard Steelers fan, even after his move to Michigan. He graduated from Ferris State University in northwest Michigan, and quickly seized on his first law enforcement opportunity as an intern with the Battle Creek police. He later enrolled as a cadet with the New Baltimore police, and the village of Richland gave him his first full-time police officer position. Collin joined the Wayne State University Police Force five years ago. In that time, he and the entire force have become an integral part of the Detroit law enforcement network. The Wayne State force has worked diligently to improve the safety and security of not only the campus area, but all of midtown Detroit, freeing up resources of the Detroit Police Department and other area law enforcement agencies. Collin leaves behind a beautiful and grieving fiancee, Nikki Salgot. He proposed to her just a few blocks from here at the Law Enforcement Officers Memorial last May at the conclusion of the Police Unity Bicycle Tour. He was an avid bicyclist, and rode with Chapter One of the unity tour since 2013. Collin was also a dog lover. In fact, he was a K-9 handler with the force, and leaves behind two beloved dogs, Wolverine and Clyde. He was also a member of a Metro Detroit dog training club. On behalf of a grieving Detroit, I thank Collin for his service and his commitment. To Nikki, to his parents, Randy and Karen, to his brother Curtis, and to the rest of his family, friends, and brothers on the force, for your unimaginable loss my heart goes out to you.

Mr. CONYERS

Mr. CONYERS. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in strong opposition to H.R. 5982, the Midnight Rules Relief Act. This sweeping measure would empower Congress to undo virtually every regulation submitted to Congress since May through to the end of this year. I repeat: this measure would empower Congress to undo virtually every regulation submitted to Congress since May through to the end of this year. The bill accomplishes this end by authorizing Congress to disapprove these rules through a single joint resolution, thereby depriving Members to consider the merits of each individual regulation. H.R. 5982 presents numerous concerns. To begin with, this bill would provide special interests with yet another opportunity to block critical, lifesaving regulations. Prior to submitting results to Congress, agencies typically take several years to ensure that rules are carefully vetted. As administrative law expert Washington University School of Law Professor Ron Levin has previously testified, much of modern rulemaking involves a ``very detailed analysis of legal, factual, and policy issues, many of them highly technical. This work is better suited to the subject matter specialists in the respective agencies.'' Faced with this complexity, H.R. 5982 would result in Congress predictably relying on industry input when presented with an up-or-down vote on a long list of complicated and often highly technical rules. David Goldston of the Natural Resources Defense Council has previously cautioned that similar measures would result in special interests descending on the Congress with even greater fervor than is currently the case. I am also concerned that H.R. 5982 is based on the fundamentally flawed premise that rules finalized during the final year of a President's term are somehow rushed or improperly vetted. In fact, the nonpartisan Administrative Conference of the United States found in 2012 that ``a dispassionate look at midnight rules issued by past administrations of both political parties reveals that most were under active consideration long before the November election.'' The conference also reported that many of these rules involved purely routine matters initiated before the Presidential transition period or as the result of deadlines outside the agency's control, such as year- end statutory or court-ordered guidelines. Indeed, the so-called midnight rules may actually take longer to adopt than other rules. For example, Public Citizen reports that rules adopted during a Presidential transition period were typically proposed 3.6 years prior to their adoption, while other rules adopted in non- transition periods took only 2.8 years to complete. The Center for Progressive Reform has likewise observed that concerns surrounding midnight rulemaking are overstated, stating that ``there simply is no reason to believe that a rule released at the end of an administration is worse than those that are released at any other point.'' Perhaps this is because Congress already has the tools to vacate an unreasonable rule under current law known as the Congressional Review Act. Lastly, as with the many other antiregulatory bills we have considered in this Congress, this legislation completely ignores the benefits of regulation and is premised on the unsubstantiated belief that regulations undermine employment or economic growth. This is why H.R. 5982 is opposed by a broad coalition of organizations, including the AFL-CIO, the Consumer Federation of America, Consumers Union, and the Natural Resources Defense Council. As the administration correctly observes in connection with its veto threat to this bill--and there is one--H.R. 5982 would create tremendous regulatory uncertainty, potentially impose additional costs on businesses, and represent a step backwards for applying sound regulatory principles to protect public health, safety, the environment, and other critical aspects of society. Accordingly, I oppose--and hope that you will too--this legislation. Mr. Chairman, I reserve the balance of my time.

Mr. CONYERS. Mr. Chairman, I yield 3 minutes to the gentleman from Georgia (Mr. Johnson), a distinguished member of the Judiciary Committee.

Mr. CONYERS. Mr. Chairman, I yield such time as he may consume to the gentleman from Virginia (Mr. Scott).

Mr. CONYERS. Mr. Chairman, I have no other requests for speakers, and I am prepared to close if the gentleman is likewise.

Mr. CONYERS. Mr. Chairman, I have closing remarks that I would like to present at this time, and I yield myself the balance of my time. With just a few weeks remaining in this Congress, it is a disservice to the American people that we are now wasting our limited time and resources on this legislation. As many of my colleagues will recall, less than 4 months ago, the House passed comprehensive anti-regulatory legislation that imposes a moratorium on so-called midnight rulemaking. So, clearly, the House has already acted to address the nonexistent problem of midnight rulemaking. In closing, I urge my colleagues to seriously join me in opposing H.R. 5982, a bill that is utterly unnecessary, anointed, and ill conceived. Mr. Chairman, I yield back the balance of my time.

Mr. CONYERS. Mr. Chairman, I have an amendment at the desk.

Mr. CONYERS. Mr. Chair, I demand a recorded vote.

Mr. CONYERS. Mr. Chairman, my amendment would exempt from H.R. 5982 the rules issued in response to an imminent threat to health, safety, or other emergencies. My amendment addresses one of the most problematic aspects of H.R. 5982 which would permit Congress to invalidate rules en bloc without proper consideration of any individual rule's benefits and no matter how important or time-sensitive such rule may be. Agencies often promulgate emergency rules in response to immediate threats to public health and safety. As the Congressional Review Act itself recognizes, such critical rules can go into effect immediately if the President so directs by executive order. H.R. 5982 would, however, empower a subsequent Congress and administration to override such determination and disapprove these rules. As a result of such disapproval, these regulations would be null and void, as if they had never taken effect. It is no secret that industry and special interests have strenuously opposed many life-saving requirements that the Federal Government has imposed over the years, such as air quality standards, the mandatory installation of automobile airbags, and emergency exit lighting for passenger airplanes. Nevertheless, H.R. 5982 provides an open invitation for industry to have yet another bite of the apple by seeking to undo regulations in a new Congress and administration. For example, let us consider the Flint water crisis in my State, which was a preventable public health disaster. While much blame for the Flint water crisis lies with unelected officials who prioritized saving money over saving lives, the presence of lead in drinking water is not unique to Flint. In fact, the drinking water of potentially millions of Americans may be contaminated by lead. It is a continuing problem. Long before this crisis surfaced, the Environmental Protection Agency had been in the process of updating its Lead and Copper Rule, which was originally promulgated in 1991 after years of analysis. In fact, that agency is still in the process of finalizing this regulation. Yet, had this rule been submitted to Congress last month and gone into effect immediately pursuant to executive order, H.R. 5982 could be used by the incoming Congress and administration to invalidate this critical regulation. So, accordingly, I strongly urge my colleagues to support my commonsense amendment, and I reserve the balance of my time.

Mr. CONYERS. Mr. Chair, I have no other requests, and I yield back the balance of my time.

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I demand a recorded vote.

Mr. CONYERS

Mr. CONYERS. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the September 11, 2001, terrorist attacks on the United States constituted the deadliest foreign attack on American soil in our Nation's history. Their impact has been immeasurable, as evidenced by the fact that we are still grappling with their cultural and policy implications. Fifteen years later, their powerful emotional effect on Americans remains as strong as ever. Those who lost loved ones or were injured as a result of this horrific attack deserve our deepest sympathy and our help. It is in this vein that we consider whether to override the President's veto of S. 2040, the Justice Against Sponsors of Terrorism Act, which, among other things, amends the Foreign Sovereign Immunities Act of 1976 to create a new exception to the act's general grant of foreign sovereign immunity. The bill's supporters present compelling and sympathetic arguments in favor of ensuring that the 9/11 families have access to a well-deserved day in court. In his veto message, however, the President raised a number of serious substantive concerns about the potential unintended consequences of this legislation. First, the President stated that S. 2040 could undermine the effectiveness of our Nation's national security and counterterrorism efforts. For instance, other nations may become more reluctant to share sensitive intelligence in light of the greater risk that such information may be revealed in litigation. Moreover, the President raised the concern that this legislation would effectively allow nonexpert private litigants and courts, rather than national security and foreign policy experts, to determine key foreign and national security policy questions like which states are sponsors of terrorism. Second, the President's assertion that enactment of S. 2040 may lead to retaliation by other countries against the United States given the breadth of our interests and the expansive reach of our global activities. So while it seems likely at this juncture that S. 2040 will be enacted over the President's veto, I remain hopeful that we can continue to work toward the enactment of subsequent legislation to address the President's concerns. I understand the moral imperative of enacting legislation in this matter, but I am sensitive to the seriousness of the concerns that the President raised. I had expressed the hope, during floor debate on this bill, that Congress and the President could work together to find a better balance that would still enable 9/11 victims to seek justice while tempering the President's concerns. There is no doubt as to the passion that the bill's supporters bring to advocating for the victims of the September 11, 2001, attacks, a passion that I share. As legislators, however, we must be driven not only by understandable emotions but by thoughtful consideration of the long-term interests of our country. And for this reason, the expected outcome of today's vote should not be the end of this matter. Mr. Speaker, I reserve the balance of my time.

Mr. CONYERS. Mr. Speaker, I yield 5 minutes to the gentleman from New York (Mr. Nadler).